Bukit Uluwatu Escaped Bankruptcy
In December 2016, PT Monroe Consulting Group (MCG), a management and human resources consulting firm, filed a bankruptcy lawsuit against PT Bukit Uluwatu Villa Tbk (BUVA), a hospitality company listed in the IDX with its Alila brands. The petition was rejected by the Panel of Judges of the Commercial Court of the Central Jakarta District Court in February 2017. MCG filed a cassation, but unfortunately the Supreme Court also rejected the petition and upheld the decision of the Commercial Court. And so BUVA escaped bankruptcy. What is interesting about the lawsuit is the small amount of debt disputed (if compared to the Company’s value). But apart from the debt dispute, the Company’s shareholders are now facing tort lawsuits filed by one of their creditors.
Chasing Pertamina’s Former Officials
Back in June 2017, the National Police’s Criminal Investigation Unit (Bareskrim) raided Pertamina’s headquarter in connection to allegation of misappropriation of the proceeds of the Company’s asset sales that occurred in 2011. Several days after, Bareskrim named one suspect but later on the suspect could not be found. On the first week of August 2017, Bareskrim named the suspect a fugitive. To this day, Pertamina is still under scrutiny. They are being investigated in at least four cases of alleged corruption by the Attorney General’s Office (AGO).
On BANI’s Feud : Confusing Verdicts
The Indonesian National Arbitration Board (BANI) is now divided into two: the BANI whose establishment was initiated by the Chamber of Commerce and Industry (KADIN) and established under the BANI Statute in 1977 (BANI Mampang), and the BANI whose formation was initiated by Anita Kolopaking et al and recognized by the Ministry Law and Human Rights in June 2016 (BANI Sovereign). Both BANI went into a dispute. On July 6, 2017, the State Administrative Court (PTUN) in Jakarta decided to side with BANI Mampang and revoked the decision of the Minister of Law and Human Rights. BANI Sovereign appealed. Further complicating the matter, the South Jakarta District Court decided in favor of BANI Sovereign, despite the PTUN’s verdict.
On Patrialis Akbar’s Case: Verdict for the Bribers
The trial of businessman Basuki Hariman and his secretary Ng Fenny—the two suspected bribers in the graft case involving the former Constitutional Court (MK) Justice Patrialis Akbar—is over. On August 28, 2017, the Panel of Judges found the two individuals guilty, though they did not agree with the charges demanded by the prosecutors.
Updates on the 7-Eleven PKPU
Creditors of PT Modern Sevel Indonesia (the Company that operated the 7-Eleven convenience stores), PT Soejasch Bali and PT Kurniamitra Duta Sentosa (food distributors), filed a lawsuit on Suspension of Debts Payment on August 14, 2017. This lawsuit adds insult to injury for PT Modern Internasional Tbk (MDRN) as the parent company of PT Modern Sevel Indonesia. On August 28, 2017, the first hearing was held and PT Modern Sevel Indonesia (MSI) acknowledged their debts.
A Development on the Rice Mixing Scandal
A month has passed since the Food Task Force (Satgas Pangan) raided the warehouse owned by PT Indo Beras Unggul (IBU) in Bekasi on suspicion of fraud. The National Police’s Criminal Investigation Unit (Bareskrim) named a suspect on August 2, 2017, but afterwards we didn’t hear much. Until on August 25, 2017, when the Bareskrim held a case reconstruction and said they would soon name a new suspect. We are still waiting for updates. Beyond the progress on the case, the Permendag No. 47/M-DAG/PER/7/2017 (which was a central piece of the rice mixing case) was cancelled only a few days after the case was made public and the Ministry of Trade has come up with a new regulation on the selling price for three types of rice.
The Cancellation of Permenhub No. 26/2017
The Ministry of Transportation issued Minister Regulation (Permenhub) No. 26/2017 to revise the Permenhub No. 32/2016 on the management of transportation not registered on any routes. The Permenhub 26/2017 served as the legal basis for mobile-applications-based transportation services. But the regulation was challenged by six individuals who filed for a judicial review to the Supreme Court and apparently, on June 20, 2017, the judicial review was granted.
About PT Adhiguna Keruktama & Bribery Allegation
The Corruption Eradication Commission (KPK) has named Antonius Tonny Budiono, director general of sea transportation at ministry of transportation, and Adiputra Kurniawan, commissioner of PT Adhiguna Keruktama (AGK), suspects in bribery case. KPK found Rp20 billion of cash and four ATM cards from a search at the home of sea transportation directorate.
Petroselat’s Effort in Reaching a Peace Deal
Petroselat Ltd, the subsidiary of PT Sugih Energy Tbk (SUGI) was declared bankrupt on July 5, 2017. Though the team of curators in the bankruptcy process have already begun compiling the list of assets to repay the Company’s debts, the Company is still trying to reach a peace agreement with its creditors. This effort, however, will not interrupt the bankruptcy process.
More on KPK’s Latest Sting Operation
On August 22, 2017, the Corruption Eradication Commission (KPK) named the Registrar of the South Jakarta District Court (PN Jaksel) Tarmizi and the legal counsel of PT Aquamarine Divindo Inspection (ADI) Akhmad Zaini bribery suspects. The two suspects were detained along with three other individuals after the KPK held a Sting Operation (OTT) on August 21, 2017 afternoon—the KPK decided to release the three other individuals. A few hours after the announcement, the KPK named the President Director of ADI Yunus Nafik as the third suspect.